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tv   [untitled]    September 18, 2013 10:30am-11:01am PDT

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is it the same hearing officer that hurt the case originally, hearing the second? >> yes. >> and the continuance, that is built into the system where you have simply, that maybe there could be a new property owner, and you know, they might have gotten the first notice of violation and intend to take care tf and or may have come into the department and kind of dropped the ball. >> so when, so the next thing they realize they get a second notice of violation. and now in the past, they could jump on the second notice and they could have the whole thing resolved before it will get to hearing. >> okay. >> but no, they don't have that opportunity like before. they get a second notice comes to u.s., and we could have it on the calendar if three weeks. >> okay. >> so they are totally blind sided. >> so when they get that continuance instead of being upset with the department, they
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are focused on getting the permit and trying to get it resolved. if they get aresolved it saves all of the staff time, of issuing the order abatement and trying to assess the fees and all of that. and this is for the owner to resolve it and close it. if they don't, two days later that case is back on the calendar and this is the same that they usually and they see this person and here they are..., and so they are usually would issue the order right away. >> and i see that the work load has to increase and how many hearing officers are there and do you have enough hearing officers? >> up to a year and a half ago you had one hearing officer, and handling all of the hearings for building and electrical and housing and building access and then a year
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ago. we created another hearing and choose this and so no one choose all of the code enenforcement and code is electrical plumbing and on thursday, the housing and the appeal and you have two different hearing officers, one for tuesday and one for thursday and if one is on vacation, they alternate. and we find that model is working good. because in the past, if we had a lot of cases on a particular week, and then so happened that the housing at all, and then you would have the staff healing officer, all of them in the room for a couple of hours, what it is now, it is now because we have one day housing is another day. and we are not limited if we have a lot of cases we can put them on without any issues or with regard to the time taken at the hearing. >> so, i have never been more satisfied with the process.
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because now, we have the staff to use the process to its fullest extent. and then, furthermore, you know, where you have the serious case, and the order is issued, and it is a situation, that needs to be resolved, then, you are working with, the director and the deputies, we can get that to the city attorney through the litigation committee. everything is in place and finally you have the $52 fee, over a period of a yeaer or two, you are going to find that as public are aware that it is no longer the situation and you get to the cost of living and once you get that first nov, every month you are going to occur a cost and there is going to be a sizeable percentage of the property owners that are going to say, should i throw that money away and why not use that to resolve the problem,
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and avoid going to hearing? >> and so over time, they will be less cases going to hearing and mislead of staff and preparing the amount of time involved for preparing cases for hearing and then that staff will be freed up to respond to complaints more quickly. >> and so, i think between the system that we have, and plus the additional $52 fee and i think that we have a good set up. >> and with our adequate staff and in ten month's time we can look at this again, and if there is room for improvement, you know, we will be glad to hear that. >> so the hearing officers, what are their options if they feel the property owner is not responding? is there only going to an order abatement? >> their options are fairly limited. on the case moves forward first, they could give an
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advisement, if the person was close to getting the permit signed off. if the permit was issued but it involved a lot of work, they could choose to give them a continuance. >> no, i meant, at the very end, if the hearing officer says that i heard this a number of times and i don't want to see this back here, you are not responding, i want to do something, what are the options? >> the order of abatement. >> like when the case is continued it is only continued once, generally, and when it comes back in the calendar the hearing officer on that day with say that we are issuing an order of abatement today. >> okay, if it was close, they can give a 14 day advisement and but, once this is heard once and 30 days later once it comes back, it is in there, in the allowance for the order of abasement. >> thank you, john. >> we have increased the
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director's hearing, and we have two days instead of one, so we increased the director's hearing and the staff is being very pro-active in the staff, and as far as the building and being proactive and having them notice the violation and make sure that they have the code enforcement for the proper time and our whole goal in the code enforcement is compliance and a lot of times the code enforcement and bring them back to the staff and because they are pulling permits and so as long as these violate ors are working with the staff here and going through the process, and obtaining permit and working through the inspection process and will work with them there. and a lot of times it will get hung up in planning or take a longer period of time so we do go through the process and we do go through the continuance to get the work done before the order is given, and once it is given, the code enforcement is going through the process there. and in the next alternative is
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refer to the city attorney. okay >> that is as far as we can take it. >> as far as, housing and i will let rose mary speak. as far as complaints, we have been proactive until this is the first month that we have actually all of the complaints that we see, we have 100 percent response in building, and so, i want to thank my staff for that. and that is the clerks and all of the building inspectors that monitor every complaint that comes in to make sure that it is done in a timely manner, on this sheet here. and complaints responded to within 24 hours, we have 49 percent. >> we have complaints response at 72 hours at 32 percent and complaints over 72 hours is 19 percent and so it is 100 percent response that we have had here, on top of 5,000 inspection and actual, 5,000 inspections that they performed and so i want to thank the staff for that because they are working hard and performing the
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building inspections and keeping track of the complaints, they can be tough because it is hard to gain access and, they have to monitor the complaint to get access, and they had 100 percent response. >> for housing, i will have rose mary speak on behalf of housing. on her, sheet that she provided you for the information you asked. and another thing that we have here is a code enforcement dbi monthly update that you asked for. and that was in your packet here. >> the amount of complaints, and... the response times for those complaints on a monthly basis so you can monitor it. >> and ross mary will talk about the analysis for the data that she provided you.
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>> commissioners good morning, one of the things that you had just commented on was what you had projected regarding the number of cases sent to a director's hearing, i was in the first six months of this calendar, and you can see from housing, that we are really on target to double that, and where we hope that we will have about 800 cases by the end of this year that we have or will have sent to a director's hearing. and unfortunately though, the issuance of the order of abatement does not always resolve a case and as you can see from the cases that come to you, because one of the things that i want to show you now is the questions that you were just asking is here is the same numbers, and now let me show you the totals were for that year, and so in the middle column here, you have the 154,
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excuse me, 154 of 1500 and 19 notices of violation issued for the 2009 calendar year. and so that is kind of what you wanted. so from that, you can see right now, as of right now, we have about touchdown of those cases open for the next calendar year, it is about 15 or 16 percent because there were 1600 novs issued of that there are 255. and then you see that for the years going up to we are currently in 2013 and so we don't have those numbers just yet. and now, am i satisfied with these numbers, no. but the reality is that if this was a towel that i was ringing as far as i could, i would use every resource that we possibly could use with the staffing that we had and the diluted code enforcement tools to try to get compliance, so what gets
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compliance? an order of abatement, health and the issuance of fines, and the reimbursement and the assessment of cost helps and the last thing that actually helps, is the more time the inspector spends with that property owner and if i have less staff, i can't have that interaction to get them that constant, the more that they see of the inspector there and the more that they have that contact and the more that they are encouraged to resolve that or have us refer them to out reach and if there is access issue and if there is an issue with the property tenant and the own and her if they are not on the same page, the tenant will not let them in to make the repairs, there are issues. and in the situation where the referral is not working we can't do the citations boughts the courts just were not issuing them, they have too many other larger case to deal with. that time that the inspector spends, how do we deal with that? >> staffing is one and making sure that it takes less time to
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be able to do documentations on these cases. we can do the inspections more quickly and efficiently for the property owner and the city and then spend the time having these interactions. and you just had a case before you, at the abatement and appeals board where the tenant and the landlord could not get on the same page that i could not be here, what you didn't know is that i had already met with both of them and they are not going to come together and we have offered them to before them, but i have a lot of cases that way, cases and, work without permit cases and building cases where they have the maintenance issue and what we do with those and we, have, and we have many interactions with the property owner, or the family members as we possibly can, we are also looking at the hording and cluttering situation to develop a pilot program. and work with the protective services and other agencis that have great best practices
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because when we are dealing with the hording and the cluttering situation, the time line to get the compliance is extended extreme and so in those situation wheres we are dealing with mental hel and this those things and we are trying to minimize the amount of time it gets or takes to get these compliance. i am hoping with the additional staff and the tools and i was one of the individuals that just reviewed a 100-page document and got it back to them yesterday, and the language for every housing code violation and every description of where a violation can be and what they goek through with a stylus and a tablet and identify these so that on the back end, we will have better data for you. do i like these numbers, i don't like these numbers. but, i am hoping with those tools and with everything else we can think of, we can get these down, and now having said that. we turn our cases through those
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director's hearings as quickly as possible and keep in mind that we only write one notice. and when that notice goes out, there is boilerplate with that, that tells the property owner if you don't comply with the time frame on the notice, then the assessment of costs are going to attach and then the $52 fee will follow off that. >> and if a notice is written on november 1, and it was a 30 day, and we are out there on december first, within that 30 days, we sent another notice out to them, saying to avoid the penalties please work with us to get your case resolved. >> call for an inspection, and facility an inspection or show us that you are trying to comply and so if the permit is needed, file that permit, if you need to access to the information, or to do whatever the repairs are and work with us and then let us know so that we can refer you to other agencies as well. and such as the cop people that most of them it is stayed for this agenda item and so we are doing, everything that we can,
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and i do want to commend dan and tom and emily for helping us staff up a year long process to be able to do that and finally, 7 is a large number, and when you have golt 20 field inspecters and that is a good chunk of people and it is a good group and we are happy with this group and we are hoping that those numbers will be able to, and this will be minimized. because of the economy i got to tell you with the foreclosures and the issues it is still not going to be easy, from that standpoint, our best tool, is that interaction with the property owner, that is what gets it done. >> okay. >> commissioner mar? >> thank you, both for that report. i think you know, i think that we are all happy that you know, all sites of the house are staffed up now and i think that i agree with you rose mary that the most important thing is getting our inspecters out
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there. that is why i am happy to hear that we are going to start the routine inspections again. because i think having the inspecters in the properties especially the larger properties is a little bit more pro-active in proventing the novs. from your side of the house which is helpful and i have raised this in the cop meetings and that i thing that c-op plays a great role in being proactive as well. but they are not a replacement for the inspecters. and so, we have to be clear at what point is c-op education, and gentle nudging and organizizing and then the other side is at what point the inspecters go in and the routine inspections and the routine inspections and novs if they are called for and actually, i would like to find out, more from both sides of the house, i think that abatement, and the notices of abatement are very important and that is what ends up to us
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and so what we see, and maybe this is one side, at what we see, are cases that have been out there for years. what we hear about our neighbors and that this guy built this thing and it has been sitting there for five years. you told me that it is illegal, but, it is still sitting there and they are still using it. so, that is what we hear, and that is what we see. in the abatement of appeals and i want to go back to one other thing and i know that the staff spends a lot of time on the abatement and appeals and we want to work with you guys and we will give you plenty of of notice and i don't see if we have a meeting that we schedule way out in advance because we have to public notice it any way and we have to notice it by the plaintiffs any way and the city attorney has to be here any way and so we have to notice it, what i want to do is have it so that if someone is not getting done, we will up hold that abatement. that is what i want to do, i want to have the process, because if we are talking about 440 outstanding cases i think that most of us now that it
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takes us all morning to hear three or four cases. that is the reality, so all morning for three or four cases? it is going to be send us the worst and the longest cases that is all that i am asking. >> and send us the cases that have been out there, for years, i think that the directors and if it goes to the directors hearings and there should be a discussion on how much advisement can i give. and how much, continuance can you give. >> you see... >> unfortunately the cases that we have, have orders. most of them have orders. and so, well they can't come to you unless they feel the order. what i am saying, is that the order is not as effective as it used to be for the people that are not trying to pull money out of the building. >> that is where the other tools have to come into play to get compliance. >> at least that is what i am seeing from our end of things, the type of cases we are
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dealing with. >> what happens is if you issue an order of abatement and the owner ignores it, and it does not yet appeal to us, what happens next? >> what do the department, what does the department do? >> so we are diligent in billing them to let them know that the time is acuring and we interact with them and we do additional inspection and talk with them and explain to them both in writing and verbally, if they don't respond, that their case will be considered to referral to the litigation committee and not all cases that are opened are right for that kind of referral and so that is what i am saying that some of the tools that we used to use, got the attention, because the referals because they did not want to lose all of the money as far as the taxes that was a big incentive and that is not effective any
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more. >> nov is not ignored even after the order of abatement is issued. >> we are following up the problem is that they are thinner and thinner, and i have been doing these vacantcy, and now that i am staffed back up all of the cases that are open, the new inspecters will help to reconnect with these property owners and get them to comply or find out what the problems are. >> did they file a permit and need help with figuring out what to do with the permit? >> is the unit now vacant and we need to get back in and do an inspection. sometimes this has to do with a situation that may be vacant and we can get back in and see that they can make with the repairs or whatever, it just depends on the situation, i will tell you with the down turn in the economy, it got much more difficult to get compliance on these cases. when you don't have the staff to put on the constant pressure, it is not easy to get
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the compliance. >> and then the other number that we should probably be looking at is how many how many orders were issued within the removed, right? >> you mean revoked? >> yeah. >> we don't revoke an order until all of the work is done. >> that is another number that we should be looking at too, how many orders of abatements shas been revoked or lifted or whatever or removed. >> you talked about that interaction between the inspector and let's say the property owner, right? the two-part question, one is can you track, how many times an inspector moves his files to another inspector in the middle of a process and two, are you ever tell us how many inspections, are in a process by in a particular inspector and on a given year? >> and we can tell how many are performed and right on the data
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sheet, it will say if a different inspector had to go out there, but generally in the housing division, whoever is the district inspector will handle the case up to the time that it gets referred to the city attorney unless they are not available or we rotate. >> ye could not focus on the one district and depending on the complaints and the make-up of the buildings it could be, you know, more complicated. but generally, it is that individual, and maybe their superviser interacting with them on a particular case, and it is usually one person and generally, after the first initial inspections a majority of cases, as you can see from
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the percentages, the majority of the cases get resolved after the second or third reinspection. >> that is the majority and it is that ten to, you know, 17, 15 percent, that are problematic because of the nature of the notice of violation and the other things going on. which just requires more time. and that intersection athose individuals. >> so, theoretically some inspecters would have a different load depending on the cases, correct? >> well. >> at the end of the year do you look at and you have had all of these and how many process, and one inspector and a process to 120 and got resolution on 90 percent of that. inspector b, processed 60 percent, and only got resolution on 20 percent, i am trying to figure out >> we look at that, but we have to look at and it is a good point. we have to look at it in the context of the make-up of that inspection district, some have
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a lot of illegal unit complaints and don't have large apartment buildings. others have large apartment buildings and not as many complaints. and so, these districts for the track boundaries and why we might break them up, we keep the boundaries to look at the historical data but we are not looking at that on a yearly basis, we are looking on that at a weekly basis. i am looking to see what the performance is, on a weekly basis to give you an example fl, and here is the month of april and this is, and i mean, this scan through here and this is what i am looking at on a weekly basis of what the performance is. we are also looking at, what is happening, that the inspector needs more help in that area. the problem is that i have not had the flexibility and i have not had the staff as i have said, we have had in districts
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which were historically, the buildings are in better shape and we had an inspector sign to maybe two of the districts so that we can free up the people for the districts with more problems and so we have definitely been readapting with the resources that we have, as we go. depending upon what the need has been. the inspector, how much file change and how much of somebody has worked on something that we said for four or eight weeks, how many times has that happened to the file and has moved and that one has to start over again. >> they don't. >> typically not. >> because some major reason as to why that would happen. >> it would be the inspector is on vai vacation and they are going to do something while they are going typically it is handled by the inspector with the exception of maybe the hotel conversion ordinance or the city attorney cases. >> and the reason why that is, because once you send it to the city attorney, there is more work that has to happen and the district inspector has to keep
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going with the complaints and the routine, inspections and so we allow one person to focus on it at that point, but they could be sitting side by side and the good thing there is because it is in the same division it is not garbage in and out. there is an accountability there as to what the quality was prepared to go before the city attorney so that the inspector inheriting that gets everything that has been done properly. >> thank you. >> and this is a great presentation, thank you so much for everything. >> okay. >> we will add the ref vocation and a monthly break down for you. >> thank you. >> we pill wut it on the basis. >> thank you. >> >> okay. is there any public comment on 7 a through 7 e? >> good morning, commissioners my name is spencer gosh and i have been a building inspector
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for 23 years, i just want to comment on items b, and e. i guess it is my job to point out the dark side of dbi. the code enforcement process, listening to this and i thought that i should point something out is that one historic flaw in the enforcement process which hopefully has been corrected, is the easy subor nation of these orders and someone comes in and whoever is in charge of issuing it, will say, they have issued or taken out a permit into is your subordination and there is no longer a loan problem, we can finance on the property because we subordinated. that is a serious flaw in the system. and i don't know if it has been corrected by now or not. back to item b on this proposed legislation or the health department is trying to get us to enforce noise issues, emissions issues, and there is a history in the department of the health department trying to force us to do things.
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clearly noise issues are in their jurisdiction, and also, emissions and pollution is not in the building department purview it will be the building or the health department and i think that we should put our foot down and throw this back to them to enforce and we can get out of enforcing the construction noise on the same time and put it on them to do. >> thank you for your time. >> good morning, my name is robert davis, and i was wondering if we could see the numbers previous to 2009, last year, or about 18 months ago when we first looked at notices of violation there were 5 and a half thousand opened notices and back to the year 1994, and so, we have gone from about five and a half thousand to
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1,500. and wondering where they went. how many open directors meeting there are and now we have many opening notices there are but the opening, and this is unknown number as well and some of the directors hearing are open and they have been found in favor of the city but they have never gone anywhere else and never been pushed to the litigation department or the committee and i was wondering. what happened? what happens to these, these cases where they don't seem to go anywhere. what do we do about that? >> and i was wondering also if we could get the information by zip code. and the department enforces the vacant building ordinance, and i was wondering if there was any interest in looking at that as far as the notice of violation, and i was wondering also if there were any changes or improvements over what we
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know from before, to the notice of violation process. >> thank you. >> any further public comment? >> okay. >> seeing none, item 8 a, commissioners questions and matters inquiries to staff, at this time, commissioners may make inquiry to staff regarding various documents, policies practices and procedures which are of interest to the commission. >> i would for the staff like to see the notices of violation by zip code. >> yeah. >> and also, like a little bit analysis of the type of violation. i thought it would be interesting. you know, there is the planning department has really good data in maps on housing renters verses home owner it


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